LIHU‘E — Dr. Harold “Tex” Spear III will wait one more month to be sentenced in Kaua‘i’s 5th Circuit Court. Spear stood before Circuit Judge Kathleen Watanabe on Wednesday to be sentenced on two counts of a prohibited act for
LIHU‘E — Dr. Harold “Tex” Spear III will wait one more month to be sentenced in Kaua‘i’s 5th Circuit Court.
Spear stood before Circuit Judge Kathleen Watanabe on Wednesday to be sentenced on two counts of a prohibited act for illegally prescribing controlled medications. The delay in the “dial-a-doc” case is to coordinate the state case with federal sentencing on separate charges in Honolulu.
Hawai‘i Deputy Attorney General Gary Senaga appeared by telephone and said the federal case is expected to complete its sentencing phase by Feb. 21. Spear faces a possible 20-year prison sentence and $1 million in fines on federal charges of illegally dispensing Schedule III drugs in Alabama in 2008.
Spear faces the possibility of supervised release for three years to life on federal charges.
Dena Renti Cruz appeared as the state public defender for Spear in place of Stephanie Sato. The defense attorney on the federal case is Edward Dean Acoba.
Watanabe continued the state sentencing hearing to Feb. 29. At that time, it should be known whether Spear, if sentenced, will serve time in Hawai‘i or a Mainland facility.
The state charges stem from 2006 when Spear operated a clinic out of Hanapepe. He was arrested for distributing and dispensing Schedule II controlled substances without examination or consultation for a legitimate medical purpose. He pleaded guilty in a plea agreement filed in U.S. District Court of Hawai‘i on June 14, 2007.
The state case was delayed while the federal case went through a plea on two federal felony charges. Spear had his withdrawal of plea attempt denied in 2011 and as the federal sentencing phase moved forward, the 5th District state sentencing was rescheduled.
• Tom LaVenture can be reached at 245-3681 (ext. 224) or tlaventure@ thegardenisland.com.
